Harry Shearer

Harry Shearer

Posted: November 6, 2008 03:16 PM

President Elect Obama: Denounce and Renounce

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I spent most of the weeks between the conventions and the election reading two essential books: Jane Mayer's The Dark Side and Barton Gellman's Angler. Both cast essential light, the first from a systemic perspective and the second from a personal one, on the degree to which Vice President Cheney created a secret cabal inside the Executive Branch. That cabal, co-headed by Cheney's ultra-pugnacious in-house lawyer David Addington, proceeded to eviscerate laws and treaties, paving them over with a series of (in some cases, still-secret) legal opinions binding on the Executive Branch, whose power Cheney (though publicly disavowing his membership in that branch) was determined to increase.

Those members of the government with legislative or constitutional responsibilities to weigh in on these matters, but whom the Cheney team didn't trust, simply weren't "read in" on the new policies. So State Department experts on the law of war, Defense Department JAGS, even Condi Rice and Colin Powell, all found out about these new policies--involving, at a minimum, detention, rendition, and interrogation methods that were designed to shock the conscience--in the press, as a fait accompli, if they found out about them at all.

It was an eerie experience, reading this material during an election campaign where such matters were rarely if ever mentioned. One benefit of keeping your most prized policies secret is that they don't get debated during an election, because they don't show up on polls of voters' concerns.

So, the question needs to be asked of the President-elect: do you plan to denounce and renounce these extra-Constitutional ways of doing business, and the illegal policies that resulted, before you take office? Because, one is entitled to fear that, if you don't, one day, when things get tough (as they will), you will look at this secret little tool chest, and it will appear all too tempting.

I spent most of the weeks between the conventions and the election reading two essential books: Jane Mayer's The Dark Side and Barton Gellman's Angler. Both cast essential light, the first from a sys...
I spent most of the weeks between the conventions and the election reading two essential books: Jane Mayer's The Dark Side and Barton Gellman's Angler. Both cast essential light, the first from a sys...
 
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- T Pol I'm a Fan of T Pol 12 fans permalink

As for your post, Harry, all in good time my pretty. Before he goes renouncing, denouncing, pronouncing, he needs to put things in place to lead the country. As much as we'd all like to see Bush, Cheney et al get justice for what they've done to our rights and Constitution, we need leadership. We need to direction to get out of this morass on the economy.

As people said during the campaign, let Barack be Barack. That IS, after all, what got him elected (and a helluva campaign machine powered by passionate Americans).

    Favorite    Flag as abusive Posted 08:22 PM on 11/06/2008
- Yermammy I'm a Fan of Yermammy 137 fans permalink
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It's called "multi-tasking". Like when Barack didn't "suspend" his campaign during the "give our money to the gamblers". Barack can prosecute these bastards and deal with the economy and still have four more ball in the air. Sit down, you seem tired.

    Favorite    Flag as abusive Posted 08:47 PM on 11/06/2008
- Trolmaster I'm a Fan of Trolmaster 8 fans permalink

Part of me says use these warrantless searches to spy on Repubilcans who continue to block progress. Find some dirt on them and say "you're going to vote yes for the energy bill or your wife and whole nation is going to find out about your secret gay lover."

Later it can be justified in the well being of America, and these Repubilcans will either accept this or cry and show themselves to be hipocrytes once again.

    Favorite    Flag as abusive Posted 10:16 PM on 11/06/2008
- olephart I'm a Fan of olephart 113 fans permalink

“you will look at this secret little tool chest:


Ahhhhhh, yes those warrantless wire taps and electronic snooping. Bush assured us there were only security matters to be addressed. Yessssssss, security matters with noooooo oversight. Hmmmmm, who has access to all that high powered eves dropping technology now. Cell phones, e-mails, land lines there is no form of communication that can’t be intercepted. Even conversations can be had with technology. Rather than denounce it why not just ignore it until Democrats have it in their hands. Then just casually mention how powerful a tool it can be and that the Republicans themselves have set the precedence for not requiring oversight. Not only political but business communications can be monitored. How much fun could one have with prior knowledge of the investment strategies of Wall Street’s big boys? What kind of leverage could be had with absolute proof of any underhanded dealings, special considerations or collusion that might be found out? Yessssss, surveillance without probable cause or oversight just think of the possibilities and how pleasant it would be to let certain people know you have it.

    Favorite    Flag as abusive Posted 08:09 PM on 11/06/2008
- Yermammy I'm a Fan of Yermammy 137 fans permalink
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Sssssssuffering Sssssssucatash! (Sylvester the Cat).

    Favorite    Flag as abusive Posted 11:46 PM on 11/06/2008

Look, let's not expect BO to impede the transition period with 11th hour critiques of the lame-duck administration. The time for fingerpointing is over. We won.

Sound governance is not a blood sport.

BO and JB will get in there, roll up their sleeves and clean up a lot of things. I have confidence in that.

We the people voted for an optimistic future.

    Favorite    Flag as abusive Posted 08:02 PM on 11/06/2008
- tc399 I'm a Fan of tc399 17 fans permalink
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"Sound governance is not a blood sport."

It shouldn't be, at least in a democracy...but if you read Machiavelli, Sun-Tzu....even the Bible....

    Favorite    Flag as abusive Posted 10:35 PM on 11/06/2008
- Yermammy I'm a Fan of Yermammy 137 fans permalink
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We the people voted for an optimistic future.

And justice for ALL.

    Favorite    Flag as abusive Posted 11:48 PM on 11/06/2008
- twofish I'm a Fan of twofish 22 fans permalink

Letting criminals skate just guarantees they will be back for another helping, more of our money, more of our troops, more of our liberties. There must be indictments and trials, and fitting punishments. Bush must not be allowed to issue a blanket pardon so he and his buddies can heft their steamer trunks full of our cash onto their backs and walk away laughing.

    Favorite    Flag as abusive Posted 07:45 AM on 11/07/2008
- Bitsko I'm a Fan of Bitsko 610 fans permalink
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"To lead the world, we must lead by example. We must be willing to acknowledge our failings, not just trumpet our victories. And when I'm President, we'll reject torture - without exception or equivocation; we'll close Guantanamo; we'll be the country that credibly tells the dissidents in the prison camps around the world that America is your voice, America is your dream, America is your light of justice."

Senator Barack 0bama, DePaul University, October 1, 2007

    Favorite    Flag as abusive Posted 07:44 PM on 11/06/2008
- DinSea I'm a Fan of DinSea 28 fans permalink

I trust President-elect Barack Obama. We should just chill, let him do his job, and be ready to do what he asks of us to repair this country from the ground up. Let him breathe, for G.o.d's sake!

For the first time, we are ALL relevant and vital to the rebuilding of this great nation. Let's not "demand" or opine on what the President should do! Let's give it a little time and see what he does.

    Favorite    Flag as abusive Posted 07:43 PM on 11/06/2008
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As I weeks ago, I want to see "medieval style" justice for the criminal and traitorous acts that were perpetrated by the Bush Cabinet over the past 8 years. We need the 3 "I"s: Investigate, Indict and Incarcerate.

Bush, Cheney, Rove, Gonzales, Libby, Ashcroft, Rumsfeld, and the rest of them.

These corrupt, unethical traitors brought us to war in Iraq with lies, leaked the name of a CIA operative, wiretapped citizens illegally, approved the use of torture, spirited captives to foreign countries, were complicit in war profiteering, were complicit in oil speculation, refused to account to the Representatives of the People, used RNC e-mail accounts for official state business and then erased evidence, fired US Attorneys who refused to cooperate in partisan judicial proceedings, manipulated elections, etc, etc, etc.

They should be tried in a large public venue as a lesson to all that would betray their country and lie to the people, not matter who they are. Then they should be sent to Gitmo so they can get a taste of what they themselves saw fit to do to enemies of the state !

    Favorite    Flag as abusive Posted 07:38 PM on 11/06/2008
- Yermammy I'm a Fan of Yermammy 137 fans permalink
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I SECOND THAT MOTION.

    Favorite    Flag as abusive Posted 07:56 PM on 11/06/2008
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All in favor, vote "aye."

"Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." "Aye." ............................"Aye."

Motion passes unanimously.

    Favorite    Flag as abusive Posted 09:15 AM on 11/07/2008

Why be vindictive? We can't change the past. We need to work for a brighter future. That will be challenging enough.

PLEASE give it a rest.

    Favorite    Flag as abusive Posted 08:05 PM on 11/06/2008
- Yermammy I'm a Fan of Yermammy 137 fans permalink
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One million men, women and children- DEAD. Four thousand, two hundred American soldiers- Blown to BITS. Forty thousand American G.I.'s-MAIMED FOR LIFE. Countless Men and Women in and out of Uniform contemplating suicide over this illegal war in Iraq.

Any more questions?

    Favorite    Flag as abusive Posted 08:53 PM on 11/06/2008
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Are you serious ? Why should politicians be exempt from the law, particularly when they have sworn to uphold and defend the Constitution ?!!!
This is not a case of being vindictive, or petty !
There have been crimes committed by these people. Same as what happened on Wall St.
Should we let every person guilty of crimes just walk away ? Why are these people any different than We The People who they are supposed to be accountable to ?
More people have died in the war in Iraq, which was based on lies and deception, than were killed on 9/11.
So I repeat, it's time for these people to be held accountable !

    Favorite    Flag as abusive Posted 09:00 PM on 11/06/2008
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It's not vindictive ! Why should these people, who swore to uphold and defend the Constitution be treated any differently when they break the law ? If anything, they should be held to a higher standard !
More people have died in Iraq, in a war that was based on lies and deception than died on 9/11 !!!
It is immoral to let them, or anyone else who commits such blatant crimes off the hook !
What kind of message do we send to the world when we let such egregious actions go unpunished ?
Remember only a few months ago when Russia invaded Georgia ? The US not only had no troops to deal with a potential military situation, but its credibility on the world stage was non existent. We could not make a credible forceful statement condemning the invasion of a sovereign country because of the criminal actions of the Bush Administration.
So I repeat, this is not vindictive. JUSTICE IS BLIND !! The US is not a monarchy - nobody should be exempt from the law !

    Favorite    Flag as abusive Posted 09:44 PM on 11/06/2008

Third

    Favorite    Flag as abusive Posted 08:36 PM on 11/06/2008
- Bitsko I'm a Fan of Bitsko 610 fans permalink
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That worked out real well in Cuba after the revolution. Almost fifty years of dictatorship ensued.

    Favorite    Flag as abusive Posted 08:42 PM on 11/06/2008
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This isn't Cuba ! I am not talking about a Kangaroo Court in a Banana Republic.
I am talking about investigating the actions of the country's Executive, then indicting and incarcerating them according to the Law and the Constitution.

Since we are talking about crimes against the State (CIA leak, false pretense for war, and who knows what else), it would be fitting for the perpetrators to be incarcerated in Gitmo, as opposed to a Federal penitentiary.

    Favorite    Flag as abusive Posted 09:55 PM on 11/06/2008

Please: I said yesterday it would prob'ly be all of 20 seconds before Shearer started sniping at Obama.
Looks as though I have Shearer too much credit......

    Favorite    Flag as abusive Posted 07:20 PM on 11/06/2008
- nellie I'm a Fan of nellie 502 fans permalink
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There's a lot of sniping from the left already. Rachel Maddow is on O's case today.

It's to be expected. Obama is not a "lefty," he's a centrist. He's likely to get a lot fewer complaints from conservatives and a lot more complaints from liberals than most people expect.

    Favorite    Flag as abusive Posted 07:57 PM on 11/06/2008
- Bitsko I'm a Fan of Bitsko 610 fans permalink
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Let the liberal backstabbing commence...

    Favorite    Flag as abusive Posted 08:23 PM on 11/06/2008
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No, Harry.

I wish Obama had chosen to make this stand during the campaign, but he did not. To proclaim it now, quite frankly, would be the worst possible time. Picking an unnecessary fight with the administration he has to work with extremely closely for the next 75 days.

The inauguration address. That's when to hit them right between the eyes. To renounce and denounce them as they sit and take it.

There is only one leader of our crazy presidential system, and no, I don't want one president denouncing the other as illegitimate, much though that's true, of course.

!

    Favorite    Flag as abusive Posted 07:14 PM on 11/06/2008
- WIpatriot I'm a Fan of WIpatriot 36 fans permalink
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Totally agree.

    Favorite    Flag as abusive Posted 08:19 PM on 11/06/2008
- Yermammy I'm a Fan of Yermammy 137 fans permalink
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You are weak and I pity your apologies. I want justice for this eight years of watching my Brothers and Sisters at Arms getting thrown to the meatgrinder. The repugs are not the tough guys they presume they are. Bald faced aggression and lies got them where they are. Bold action is the only thing they fear and respect. Or haven't you been watching these last 30 years?

    Favorite    Flag as abusive Posted 08:59 PM on 11/06/2008
- OttoMann I'm a Fan of OttoMann 5 fans permalink

Actually, as perverse as this sounds, I'd like to see the opposite: I'd like Obama, in his inaugural address, to proclaim that he is going to follow precedent, and make use of signing statements and all the other abuse of power methods that Bush used for eight years. THEN, let's hear all the neo-cons try to complain. If they want Obama to NOT do all that, then they will first have to denounce and renounce the entire Bush/Cheney legacy. if they want Obama to scale back the power of the Presidency, they will first have to concede that Bush/Cheney had gone far beyond what the Constitution grants.

I would also like to see Obama declare that he is contemplating issuing a pardon to Bush and Cheney, thereby implying that they are guilty of things for which they would need to be pardoned.

Then let it all come out in the open. (As Chris Wallace said on the Daily Show: Karl Rove can no longer hurt me.) They'll have to admit their hypocrisy, or allow Obama the same free reign they seemed to comfortable granting to Bush/Cheney.

    Favorite    Flag as abusive Posted 07:04 PM on 11/06/2008
- T Pol I'm a Fan of T Pol 12 fans permalink

Jon Stewart made the remark about Karl Rove while talking to Chris Wallace.

Other than that, I can understand your perverse take, but it's wasted. The neo-cons are good at damning others for the very things they do but deny. See Keith Olberman point that out about Sarah "share in Alaska's wealth but Obama's a communist" Palin when he donated $100 for every lie she told.

    Favorite    Flag as abusive Posted 08:17 PM on 11/06/2008
- FogBelter I'm a Fan of FogBelter 297 fans permalink
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Harry, being that Obama has some affection for the US Constitution I do believe he will address some of the egregious overreach of the Unitary Executive construct, however, in my opinion somethings should be addressed publicly and somethings privately. I believe many of the Bush Administration excesses will be corrected via Executive Orders and other restraints will be negotiated with Speaker Pelosi and Majority Leader Reid.

A public declaration may have a dramatic effect, but the clean up of the Bush/Cheney contamination of the Executive Branch requires subtle, intellectual, detail work. I'm certain that Obama will work to rebalance the Federal power structure and push for more checks and balances, but he will also have the responsibility not to emasculate the office of the President in order to punish the abuses of the Bush Presidency.

    Favorite    Flag as abusive Posted 07:04 PM on 11/06/2008
- Yermammy I'm a Fan of Yermammy 137 fans permalink
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"emasculate"? That's about the most ignorant, sexist, stupid, astounding thing I've ever heard! Ha ha! The President is precisely ONE THIRD of the POWER. All of those extraordinary powers harpooned into the Executive Office need to be REMOVED. Tee hee, you're funny!

    Favorite    Flag as abusive Posted 07:54 PM on 11/06/2008
- FogBelter I'm a Fan of FogBelter 297 fans permalink
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"The President is precisely ONE THIRD of the POWER. All of those extraordinary powers harpooned into the Executive Office need to be REMOVED."

Extraordinary Executive powers removed? Definitely ... Inherent Executive powers removed? Absolutely not!

Weak Presidents are as much a detriment to the United States Government as Presidents with unchecked powers. I understand that the three branches of government need to be properly counterbalanced that is why we need to make sure we eliminate the inappropriate powers recently expanded within the Executive Branch, without redistributing more power than is appropriate to the Legislative or Judicial Branches.

Furthermore, to play Devil's Advocate, why shouldn't Obama use the expanded powers within the Executive Branch to fast track economic recovery or address some of the other horrendous problems facing the US ... like Federalized rebuilding of the levies in New Orleans, or addressing other looming infrastructure problems that the Congress has shown no interest in addressing? Let's not cutoff our nose to spite our face here.

    Favorite    Flag as abusive Posted 09:03 PM on 11/06/2008
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One thing I have learned about Obama in this election is that he is smart enough not to show his cards before the hand is over. Everyone needs to take a break.. Write about your summer vacation or something for 70 days. Get ready for Christmas. This is going to be a very difficult time for Obama. Give the guy a break.

    Favorite    Flag as abusive Posted 07:03 PM on 11/06/2008
- DinSea I'm a Fan of DinSea 28 fans permalink

Thank you! It's like Santa Claus is here early -- and everyone is trying to stake a claim. Geesh!

    Favorite    Flag as abusive Posted 07:44 PM on 11/06/2008

I suspect that taking a break is no longer an option for many of us - perhaps we should consider going to BA (blogger anonymous) meetings.

    Favorite    Flag as abusive Posted 08:01 PM on 11/06/2008
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LoL.. That may be a good idea. This election has been very stressful. But it seems like a new day.

    Favorite    Flag as abusive Posted 01:50 AM on 11/07/2008

As his first executive order, Obama should renounce and declare null/void all presidential signing statements from the Bush administration. He should review all of Bush's executive orders, decide which ones should stay in place, and should nullify the rest. He should declassify the ones that were withheld from the public.

He and congress should move the idealogue "managers" that Bush put into the executive departments out of the civil service (where they are sheltered from firing) and then boot them all. Bush and Cheney have tried to booby trap and stonewall their successors in a dozen different ways. But when they're gone, their meddling and controlling legacy should go with them. All of it.

    Favorite    Flag as abusive Posted 06:58 PM on 11/06/2008

Other essential reading includes "Takeover" by Charlie Savage. It provides a clear exposition of the "Unitary Executive Theory" and the damage done to the rule of law by its proponents in the Bush Administration. The theory is a classic example of "The Emperor Has No Clothes." It rests not on the Constitution but on one sentence in Federalist 70 taken out of context and distorted beyond recognition. I hope President Obama will openly adopt a policy rejecting this odious theory and acknowledge to the American people that the President as Chief Executive (with emphasis on the plain meaning "executive") is subject to all laws adopted through the legislative process and constitutionally obligated to faithfully and fairly execute those laws. Without a clear repudiation, our constitutional form of government will remain infected by an aggressive malignancy. While it may go into remission during this administration, it could return someday to utterly destroy our republican form of government. If this happens, it will be the most bitter harvest of seeds of destruction deliberately sown by a cabal of zealots. Talk about having the last laugh from beyond the grave! One question Mr. Savage does not answer is why these zealots worked so hard to make the Unitary Executive Theory a policy reality. Did they not recognize that their time in power would end and they could not control or predict who would reap this awful harvest. Their grandchildren perhaps? What were they thinking?

    Favorite    Flag as abusive Posted 06:52 PM on 11/06/2008
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As I've already said, I want to see medieval style justice for the criminal and traitorous act that were perpetrated by the Bush Cabinet over the past 8 years. We need the 3 "I"s: Investigate, Indict and Incarcerate.

Bush, Cheney, Rove, Gonzales, Libby, Ashcroft, Rumsfeld, etc.

These corrupt, unethical traitors brought us to war in Iraq with lies, leaked the name of a CIA operative, wiretapped citizens illegally, approved the use of torture, spirited captives to foreign countries, were complicit in war profiteering, were complicit in oil speculation, refused to account to the representatives of the people, used RNC e-mail accounts for official state business and then erased evidence, fired US Attorneys who refused to cooperate in partisan judicial proceedings, etc, etc, etc.

Try them very publicly in a large public venue as a lesson to all that would betray their country and lie to the people, then send them to Gitmo so they can get a taste of what they themselves saw fit to do to "enemy combatants"

    Favorite    Flag as abusive Posted 06:47 PM on 11/06/2008
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To be or Notb_, I agree 100% with you, but this must be done with the unemotional, methodical finesse which Obama is eminantly capable, and after the election. There are many politicians, as well as businessmen, who have committed grievous crimes, even treason for which no pardon is conscionable. They deserve the public shame and if applicable prison that indictments will bring.

    Favorite    Flag as abusive Posted 09:52 PM on 11/06/2008

Thanks, Harry, for saying this. One connected point: Part of the denounce-and-renounce package that the President-elect must be encouraged to embrace as soon as possible is the entire spectrum of innovation in secrecy, whistleblower retaliation and access denial that has allowed the Bush operatives to escape timely public scrutiny and accountability. Anyone who hasn't been following this can see the damage summarized at http://www.openthegovernment.org/otg/SecrecyReportCard08.pdf.
Aside from the fact that at this stage Obama has no executive records to hide or insiders to gag, the scale of Democrat dominance in post-election DC couldn't be a better environment for him to say he doesn't need to keep the country in the dark, and can entrust the facts to the people who have so wholeheartedly trusted him. Change begins with throwing open the steel-shuttered windows on government and letting the sunshine in.

    Favorite    Flag as abusive Posted 06:46 PM on 11/06/2008
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